A murder case is heading to the New Mexico Supreme Court before a trial is held.

Action 7 News reported Wednesday marked the one-year anniversary of the death of Kathryn Hauser, who was beaten, raped and killed in her Nob Hill home in Albuquerque.

Advertisement

Less than a month later, police arrested Philip James Busey, and charged him with murder in Hauser's death.

Police said DNA evidence found on Hauser's body matched Busey's DNA, which was stored in a database of convicted felons. They said Busey is a transient with a long criminal record.

Now, one year after the crime, the case is headed to the state Supreme Court. The court will decide whether the state can seek the death penalty.

Lee Hood is the public defender representing Busey. She said the state missed a deadline and can no longer pursue the death penalty.

"The state, by statute, must file within 90 days of the defendant's arraignment," Hood said. "That was not done. It was filed 44 days late. The defendant has the right to know you are going to pursue the death penalty, and we agree with that wholeheartedly."

District Attorney Kari Brandenburg said it took extra time to get DNA evidence from the lab.

"The court found we had good reason for not filing within the 90 days," Brandenburg said.

But Hood said the delay would hurt Busey's right to a fair trial, and she appealed to the state Supreme Court.

"He wasn't given two lawyers; this case was not staffed as a death penalty case," Hood said. "So, he's been severely prejudiced by them not filing until July 12."

Busey's trial will not start until after the state Supreme Court rules.

If the state Supreme Court upholds the lower court's ruling, it will remain a death-penalty case.